Tenta Terms of Use

Acceptance

This is a Terms of Use agreement between Tenta LLC, a Washington company (“Tenta”), the owner and operator of www.tenta.com (the “Tenta Site”), the Tenta service, including Tenta Browser (collectively, including all content, software, and services provided by Tenta through Tenta Browser and the Tenta Site, the “Tenta Service”, or the “Service(s)”), and you (“You” or “You”), a user of the Service.

By using the Tenta Service, You acknowledge and agree to these Terms of Use (“Terms”) and all policies referenced in this document or elsewhere on the Tenta Service. If you choose to not agree with any of these Terms, you may not use the Service.

Tenta Service

You understand that by using the Tenta Service, the information (collectively, including, but not limited to, websites, data files, written text, software, music, audio files or other files, photographs, videos or other images, the “Content”) which You may have access to as part of, or through Your use of, the Service may contain links to third-party websites that are not owned or controlled by Tenta. Tenta has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You understand that by using the Service, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Service at Your own risk. In addition, Tenta will not and cannot censor or edit the Content of any third-party site. You expressly acknowledge and agree that Tenta shall not be responsible for any damages, claims or other liability arising from or related to Your use of any third-party Content.

Proprietary Rights

You acknowledge and agree that Tenta and its licensors own all right, title or interest, including all worldwide intellectual property rights in and to the Service. Tenta does not grant You any intellectual property rights in the Services that are not specifically stated in these Terms of Use.

You will not remove, alter or conceal any copyright, trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Tenta’s prior written authorization. You will not attempt to reverse engineer, alter or modify any part of the Service.

Tenta acknowledges and agrees that it obtains no right, title or interest from You or Your licensors under these Terms of Use in or to any Content that You submit, post, transmit display on, or through, the Services. You understand that Tenta does not maintain copies of Your Content on our servers. You are solely responsible for creating back-ups of Your Content.

Licenses

Tenta gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Tenta as part of the Service. You are not permitted to resell or charge others for use of or access to the Service.

Termination

These Terms of Use will continue to apply until ended by either You or Tenta. You can choose to end them at any time for any reason by deactivating your Tenta account or discontinuing Your use of the Service.

Tenta may at anytime suspend or terminate its legal agreement with You for any reason, including, but not limited to, if we reasonably believe: (i) You have violated these Terms of Use (or have acted in a manner which clearly shows You do not intend to, or are unable to comply with these Terms of Use), (ii) You create risk or possible legal exposure for us, or , (iii) Tenta is transitioning to no longer provide the Service to users, or (iv) the provision of the Services to You, in Tenta’s opinion, in no longer commercially viable.

In all such cases, these Terms of Use shall terminate, including, without limitation, Your license to use the Service, except that the follow sections shall continue to apply: Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Jurisdiction.

Use of the Service at Your Own Risk

Your access to and use of the Tenta Service is at Your own risk. Tenta will have no responsibility for any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Service. Tenta is not responsible for performance of Your mobile carrier’s or Internet provider’s network and Tenta will not be liable for any performance issues or network failure. In addition, Tenta is not responsible for any data or other charges that Your mobile carrier or Internet provider may charge to You caused by Your access to any Services.

Indemnification

You agree to defend, indemnify and hold harmless Tenta, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or in connection with: (i) Your use of the Tenta Service; (ii) Your violation of these Terms; (iii) Your violation of any third-party, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any Content you post via the Service caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Use and Your use of the Tenta Service

DISCLAIMER

YOU AGREE THAT YOUR USE OF THE TENTA SERVICE SHALL BY AT YOUR SOLE RISK AND THAT THE TENTA SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, TENTA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. YOU BEAR THE SOLE RISK AS TO SELECTING THE TENTA SERVICE FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE TENTA SERVICE. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TENTA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OF DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEM YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (II) ANY CHANGES WHICH TENTA MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES IN THE SERVICE); (III) THE DELETION OF, CORRUPTION OF, OR FAULTER TO STORE, ANY CONTENT TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (IV) YOUR FAILURE TO PROVIDE TENTA WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITITAIONS ON TENTA’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT TENTA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS ARISING.

Policy Changes

You acknowledge and agree that Tenta may revise or change any of our terms or policies from time to time. It is Your sole responsibility to remain informed of our current Terms of Use, including all other agreements or policies made available to You by Tenta.

Severability

In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Waiver

The failure of Tenta to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Seattle, Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Tenta and You regarding the Tenta Service, and these Terms supersede and replace any prior agreements between Tenta and You regarding the Tenta Service.

If you have any questions about these Terms, please contact Tenta at hello@tenta.com.

Last Updated: November 3, 2016